EU Court rapporteur recommends a negative decision for Hungary and Poland on the rule-of-law mechanism

HUNGARY - In Brief 02 Dec 2021 by Istvan Racz
This morning's forint-positive news (on MNB policy) has been quickly followed by a negative one, on the EU's new fiscal rule-of-law mechanism.It is that the EU Court's advocate general Manuel Campos Sánchez-Bordona, the rapporteur responsible for the case of the EU's new fiscal rule-of-law mechanism, presented his motion, and it is negative for Hungary and Poland. Previously, the two countries asked the Court to declare that the rule-of-law mechanism is to be scrapped as not compatible with EU law. However, the advocate general is now proposing that the Hungarian / Polish request should be rejected, as the mechanism itself is in line with EU law.The EU Court will be discussing the issue on the basis of the advocate general's report. Of course, the Court is in no way obliged to accept the advocate general's view, but it does so in the majority of cases, and so the latter's motion tends to be indicative of the Court's eventual decision.The Court's decision is expected to take place in early 2022, possibly in January.

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